Thomas v. Bick et al

Filing 10

ORDER signed by District Judge Troy L. Nunley on 1/4/17: Plaintiff's request for reconsideration (ECF No. 9) is denied. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSH THOMAS,

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Plaintiff,

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No. 2:16-cv-1425 TLN CKD P

v.

ORDER

J. BICK, et al.,

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Defendants.

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On September 1, 2016, the Magistrate Judge assigned to this case issued an order

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dismissing Plaintiff’s complaint with leave to amend. On September 24, 2016, Plaintiff filed1 a

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document the Court construes as a request for reconsideration of that order. Local Rule 303(b),

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states “rulings by Magistrate Judges . . . shall be final if no reconsideration thereof is sought from

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the Court within fourteen (14) days . . . from the date of service of the ruling on the parties.”

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Plaintiff’s request for reconsideration of the Magistrate Judge’s order of September 1, 2016 is

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therefore untimely.

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By “filed” the Court means the date upon which plaintiff gave his request for reconsideration to
prison officials for mailing. See Houston v. Lack, 487 U. S. 266, 270 (1988).
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request for reconsideration (ECF

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No. 9) is denied.

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Dated: January 4, 2017

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Troy L. Nunley
United States District Judge

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